Per curiam.
___________
Board of
of
Plaintiffs
Farmington's sewage
Town of
Farmington, its
treatment plant
(collectively, "the
a suit
brought
by
the Town
("Cottle").
a year
at the new park, sued the Town in state court seeking damages
because
of
the
hook-up
limitation.
magistrate-judge
municipal liability
Tudor.
The
district court
entered judgment in
Because our
that Tudor is
insurance policy
issued to the
adopted the
favor of Tudor.
indeed "entitled
Town by
recommendation and
This appeal
of the
followed.
to the conclusion
to judgment as
a matter
of
31, 1994).
-2-
the
interpretation
of the
Town's
insurance
policy.
The
to make
with any
Insureds
out of .
II.
II.
The
Town's first
argument on
magistrate-judge failed to
that the
follow Maine
phrase "inverse
disagree.
Maine
ambiguities
in
law
law in
that the
determining
condemnation" is unambiguous.
favors
insurance
appeal is
the
insured
contracts
in
and
We
construing
encourages
an
See, e.g.,
___ ____
1982).
Nonetheless, even
phrase has
an
unambiguous core
cause
of action against
value
of property
by the
"confiscatory
taking"
meaning, namely,
a government agency
taken
if the boundaries
740
claim
agency,
"[a]
to recover the
though no
formal
ed.
(Count
1979).
of
Cottle's
its
complaint)
Town next
suggests that
determined that
"based upon or
the
the magistrate-judge
other counts
aris[e] out
-3-
in
of . .
Cottle's
. inverse
condemnation."
Once
magistrate-judge,
we
again, we
think
that
its
Baywood Corp.
______________
sought a
developed by
Baywood.
performed faulty
system,
declaration that
damage, the
faulty
of Tudor's
Maine Bonding,
representing
buyers
work in designing
of
units
the development's
sewer
to defend
coverage
Maine
_____
it against a lawsuit by a
The association
v.
the
Like
1993), provides
condominium
agree.
framework for
estate developer,
cannot
Baywood
against an
for claims
work.
seeking
allegation of
had a
property
specifically excluded
the repair
or replacement
party claim
of
covered by the
policy at
the
issue,
no duty to
defend Baywood.
conclusion, the
court focused
See id.
___ ___
In
exclusively on
faulty
____________________
1.
We
note with
dismay
that, although
work
id.
___
amounted to a violation
at
1030
(noting
that
of various legal
duties.
the
had
association
negligence,
negligent
See
___
alleged
of warranty, breach of
misrepresentation,
and
Cottle
seeks
of
duties, each
the value
the
regulatory maneuvers
are
of constitutional
and
common
count.
law
type of
In
other
the inverse
of his
Although
harm alleged in
not
diminution in
Therefore,
-55
we affirm the
district